- (1.) Leave granted. The challenge herein is against the order dated 13th October, 2014 passed by the High Court of Allahabad by which the writ petition filed by the Respondent herein has been allowed and the order dated 23rd March, 2013 passed by the Appellant No. 2 rejecting the application of the Respondent for grant of L.P.G. Distributorship at Meerut under the open category was set aside. Consequential directions were also issued by the High Court to consider the application of the Respondent-writ Petitioner for grant of distributorship in accordance with the findings and observations recorded in the order of the High Court.
(2.) The application of the Respondent-writ Petitioner for grant of distributorship was rejected on the |round that the Respondent did not have minimum liquid funds of Rs. 15 lakhs as on the date of the application. This was notwithstanding the fact that the Respondent-writ Petitioner had shown a total of Rs. 40,14,534.00 as available with him against column No. 11 of the application form. Out of the said amount while an amount of Rs. 2,08,328.00 was shown to be available in the bank account of the Respondent himself another amount of Rs. 54,026.00 was shown as available in the joint account of the Respondent and his wife. An amount of Rs. 37,52,180.00 was shown as available in the joint account of the Respondent and his brother Ankur Kalhar in the Oriental Bank of Commerce. Notwithstanding the above, the decision was taken by the Appellants to the effect that the Respondent did not have the minimum liquid fund of Rs. 15 lakhs as on the date of the application which decision was challenged in the writ petition filed before the High Court.
(3.) The above decision of the Appellants will necessarily have to be understood by a reference to Clauses 7.1(iv) and 7.1(v) of the Guidelines for selection of Regular LPG Distributors published by the Appellants. Clause 7.1(iv) defines "Family Unit" in the following terms: "Family Unit" in case of married person/applicant, shall consist of individual concerned, his/her Spouse(s) and their unmarried son(s)/daughter(s). In case of unmarried person/applicant, 'Family Unit' shall consist of individual concerned, his/her parents and his/her unmarried brother(s) and unmarried sister(s). In case of divorcee, 'Family Unit' shall consist of individual concerned, unmarried son(s)/unmarried daughter(s) whose custody is given to him/her. In case of widow/widower, 'Family Unit' shall consist of individual concerned, unmarried son(s)/unmarried daughter(s)." Clause 7.1(v) also will require specific notice and is therefore extracted below: "Having minimum total amount of Rs. 15 lakhs for Urban Markets and Rs. 10 lakhs for Urban-Rural & Rural Markets respectively as on the date of application. This amount is to be arrived at by adding amount in Savings Bank account in Scheduled Bank/Post Office, free and un-encumbered Fixed Deposits in Scheduled Banks, Post Office, Listed Companies/Government Organization/Public Sector Undertaking of State and Central Government, Kisan Vikas Patra, NSC, Bonds, Shares of Listed Companies, Listed Mutual Funds, ULIP, PPF, Surrender Value of Life Insurance policies in the name of Applicant or family members of the 'Family Unit' of the Applicant as defined above. In case of locations reserved under 'SC/ST' category, minimum total amount as on the date of application should be Rs. 5 lakhs for Urban Markets and Rs. 2.5 lakhs for Urban-Rural & Rural Markets respectively.";